EZ-NetTools Terms And Conditions
The following terms
and conditions apply to all persons and/or business entities
(Members) using EZ-NetTools (Service).
General
Information
EZ-NetTools is a service offering
Internet commerce services to businesses. EZ-NetTools' primary
mission is to provide fast, reliable, and effective Internet services
to its Members. The EZ-NetTools services are distributed through
EZ-NetTools Inc. EZ-NetTools also provides website
design and development services. Your registration with, or continued
use of, EZ-NetTools constitutes your agreement to these terms and
conditions and any disclaimers of warranty.
Part
A: Use of EZ-NetTools
1.
License:
EZ-NetTools grants you, the Member, a
non-exclusive, non-transferable, limited license to use EZ-NetTools.
Members will be issued an account number and password. The
EZ-NetTools account cannot be assigned or transferred to any other
person or entity without prior written consent of EZ-NetTools.
2.
Member Responsibilities:
Members are expressly prohibited
from using EZ-NetTools to post or display any material or information
that (a) is unlawful, inaccurate, threatening, libelous, obscene,
profane, sexually offensive, or objectionable material, (b) infringes
any intellectual property rights or other rights of any person or
entity, (c) constitutes a criminal offense, (d) gives rise to civil
liability, or (e) engages in any other form of activity that would
otherwise violate any local, state, national, or international law.
Members are expressly prohibited from using EZ-NetTools to send email
that would be considered "spam" or to display any
EZ-NetTools URL or address in email that may be considered to be
"spam".
3. Copyrights:
All
rights, titles, and interests in downloaded software and/or
information are and shall remain the exclusive property of the stated
owners. You may not upload or reproduce in any way information
protected by copyright without obtaining permission of the copyright
owner. Only public domain files, and files in which the author has
given expressed consent for on-line distribution, may be uploaded to
software libraries. Failure to comply with this provision may result
in immediate suspension or termination of your EZ-NetTools account.
EZ-NetTools contains copyrighted material, trade secrets, and other
proprietary software and documentation. You may not decompile,
reverse engineer, disassemble, or otherwise reduce the software to a
human-perceivable form. You may not modify, rent, lease, loan, sell,
distribute, or create derivative works based on EZ-NetTools in whole
or in part.
4. Security:
Members are
responsible for the protection of their account numbers, passwords,
and all charges associated with their accounts. In the event of any
unauthorized access to your account, you must immediately notify
EZ-NetTools; however, you will remain responsible for all charges
until EZ-NetTools is notified. To protect yourself from unauthorized
access to your account, we highly recommend that you change your
password at least quarterly, and that you do not share your account
number and/or password with anyone.
Part B: Billing
and Payment
1. Charges:
Members
are responsible for payment for services agreed upon during
activation or by written correspondence, including without
limitation, website design and development.
Moneys paid to
EZ-NetTools for Monthly Services are non-refundable.
Website Development Agreements may be canceled at any time during the development process. If canceled within 3 (three) business days, there will be no penalty or obligation whatsoever and any funds paid will be refunded. After 3 (three) days, the refund will equal the funds paid less a 15 percent cancellation fee (of the agreement total) and any labor, services, and material costs that EZ-NetTools has incurred. The labor hours will be billed at our standard billing rate. If the amounts you have paid are less than cancellation fee and labor, service, and materials, then you are obligated to pay the difference. The Refund Eligibility Period is 90 (ninety) days. No refunds will be paid after 90 (ninety) days have passed from the date of the agreement.
EZ-NetTools reserves the right to
negotiate payment options and adjust payment plans as circumstances
dictate. Use of certain special EZ-NetTools features may be subject
to additional charges. EZ-NetTools reserves the right to change fees
or institute new charges at any time, effective upon a 30-day notice
to current EZ-NetTools Members, either through electronic or
conventional mail. When the design and development of a contracted
website is purchased, you will be provided with a Welcome Website
which is a temporary website you can modify and send customers to
while your site is being built. Your email accounts and Hostware
service are immediately available. Upon completion of the website,
the balance is due and will be collected regardless of any Member
delays in providing content. A contracted website design and
development will be deemed complete when the webpages, regardless of
content, are visible via the Internet and the website processes are
functional. Monthly EZ-NetTools service fees are charged each month
and begin on the date of the original sale regardless of content and
domain name set-up.
2.
Method of Payment:
Following
the initial payment, subsequent EZ-NetTools monthly charges are paid
by automatic fund transfers, credit card transactions, and other
payment methods. You may not place orders or attempt to pay for
EZ-NetTools services using any expired, false, or unauthorized bank
or credit card. Checks or ACH (electronic checks) issued on closed
accounts or insufficient fund checks may be subject to a $25.00
handling fee. Declined credit cards, expired credit cards may be
subject to a $25.00 handling fee. EZ-NetTools charges a $200.00 fee
to handle unauthorized credit card disputes. Unauthorized credit
card disputes are those that are filed directly with a bank or credit
card company without official communication or prior effort to
resolve the dispute with EZ-NetTools. To dispute a charge you must
first contact our accounting department at accounting@eznettools.com
and allow 14 business days for a response. You may also mail your
dispute to EZ-NetTools, Attn: Accounting, 238 East 3000 North, Rexburg, ID 83440. EZ-NetTools reserves the right to
cancel your account, without notice, upon rejection of any credit
card charges, nonpayment of authorized charges by your bank, or any
other indication of credit problems.
3.
Non-payment:
A
late payment finance charge of 1.5% per month shall be added to all
outstanding amounts due. If payment is not received by the next
billing cycle, Members will receive a reminder notice that payment is
due and that service will be terminated if payment is not received by
the following billing cycle. If payment is not received by the
following billing cycle, service will be terminated and collection of
the past due amounts may be submitted to a collection agency. Members
can reinstate service by paying all past due charges plus a deposit
equal to one month's service.
Part
C: General Provisions
1.
Termination:
Service
may be terminated by either EZ-NetTools or the Member. Members may
terminate service by sending written notice to EZ-NetTools using
either electronic or conventional mail. Termination will be effective
on the day that EZ-NetTools receives the notice or on the future date
specified in the notice.
EZ-NetTools may terminate service with at least 10 days advanced notice. If Members terminate a prepaid account, Members forfeit any remaining balances on the prepaid accounts. Members are liable for any charges incurred by them until termination. EZ-NetTools reserves the right to terminate service without notice upon a breach of EZ-NetTools terms and conditions or misuse of any kind.
2.
Monitoring Accounts:
EZ-NetTools
does not monitor any Member's account. However, EZ-NetTools, at its
sole discretion, reserves the right to review or edit any material or
information submitted for display or placed on EZ-NetTools server,
with the exception of private electronic messages that will be
reviewed only if required to do so by law. EZ-NetTools may terminate
immediately the account of any subscriber who misuses any EZ-NetTools
services.
3.
Limitation of Liability:
EZ-NetTools
and EZ-NetTools does not warrant that the services or the information
or programs contained on an EZ-NetTools server will meet your
requirements or that the operations of an EZ-NetTools server will be
uninterrupted or error-free; nor does EZ-NetTools and EZ-NetTools
make any warranty as to the results obtained from the use of
EZ-NetTools services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL EZ-NETTOOLS OR EZ-NETTOOLS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE EZ-NETTOOLS SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND EZ-NETTOOLS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES.
In no event shall EZ-NetTools or EZ-NetTools' total liability for all damages, losses, and causes of actions, whether in contract, tort, including negligence, or otherwise exceed $1000.
4.
Disclaimer of Warranties:
YOU
USE EZ-NETTOOLS SERVICES AT YOUR SOLE RISK. THESE SERVICES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AN EZ-NETTOOLS
EMPLOYEE OR ITS AGENTS SHALL CREATE A WARRANTY.
5.
Indemnity:
You
shall hold EZ-NetTools and EZ-NetTools harmless from any claims and
expenses, including reasonable attorneys' fees, related to your
violation of these terms and conditions.
6.
Notices:
EZ-NetTools
or EZ-NetTools notices to Members may be given by means of electronic
messages through the Internet, by a general posting on an EZ-NetTools
server, or by certified mail. All notices to EZ-NetTools from Members
should be made in writing and sent via certified mail to 238 East 3000 North,
Rexburg, ID 83440 or sent via electronic mail to
accounting@eznettools.com.
7.
General Provisions:
Should
any of these terms and conditions be held to be void, invalid,
unenforceable, or illegal by a court, the validity or enforceability
of the other provisions shall not be affected thereby. Failure of
either party to enforce any provision of these terms and conditions
shall not constitute or be construed as a waiver of such provision or
of the right to enforce such provision.
8.
Miscellaneous:
The agreement between EZ-NetTools and the Member shall be governed by and construed in accordance with the laws of the State of Idaho. The member further agrees that he will submit himself to the jurisdiction of the State of Idaho and that the 7th Judicial District for the State of Idaho in and for the county of Madison is the appropriate venue for the resolution of any legal claims or disputes which may arise out of this agreement. These terms and conditions constitute the entire agreement between the
parties with respect to the use of EZ-NetTools services.